Murugan vs Sas Trading
2023 Latest Caselaw 12053 Mad

Citation : 2023 Latest Caselaw 12053 Mad
Judgement Date : 8 September, 2023

Madras High Court

Murugan vs Sas Trading on 8 September, 2023

                                                                            C.M.A.No.1700 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 08.09.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                   C.M.A.No.1700 of 2023
                     1.Murugan
                     2.Kala                                                      ... Appellants

                                                          Versus

                     1.SAS Trading,
                       65-Razack Garden Main Road,
                       MMDA Colony,
                       Arumbakkam, Chennai – 600 106.

                     2.Mohammed Rafiq

                     3.The Bajaj Allianz General Insurance Company Limited,
                       No.497/498, 5th Floor,
                       Isanakattima Building,
                       Poonamallee High Road,
                       Arumbakkam, Chennai-600 106                         ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, seeking to set aside the judgment and decree dated
                     10.11.2022 passed in M.C.O.P. No.01 of 2018 and enhance
                     compensation on the file of the Motor Accident Claims Tribunal, Sub
                     Court, Mettur.
                                  For Appellants        : Mr.V.Anandhamoorthy
                                  For R3                : Ms.R.Sreevidhya


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                                                                                  C.M.A.No.1700 of 2023

                                                           JUDGMENT

This appeal has been filed by the claimants seeking enhancement

of compensation awarded by the Tribunal in M.C.O.P.No.01 of 2018,

dated 10.11.2022.

2.The claim petition was filed stating that on 05.07.2017, at about

7.50 a.m., while the 1st appellant and his daughter were walking at

Avinashi Road near CRD College, the car bearing Registration No.TN 02

AX 1675, driven by its driver in a rash and negligent manner and dashed

against the 1st appellant's daughter; due to which, she sustained head

injury and multiple injuries all over the body and succumbed to the

injuries; that thus the appellants are entitled for compensation.

3.The respondents 1 and 2/owner and driver of the offending

vehicle were remained ex-parte before the Tribunal.

4.The 3rd respondent/Insurance Company resisted the claim

petition and stated that the driver of the car did not possess valid driving

license at the time of accident and he was under the influence of alcohol;

that hence, the 3rd respondent is not liable to pay any compensation to the https://www.mhc.tn.gov.in/judis

C.M.A.No.1700 of 2023

appellants; that in any case, the compensation claimed was excessive and

prayed for dismissal of the claim petition.

5.Before the Tribunal, the appellants examined three witnesses and

marked Ex.P.1 to Ex.P.13 on their side. The respondents had not

examined any witness or marked any document.

6.The Tribunal after considering the oral and documentary

evidence held that the accident occurred due to the rash and negligent

driving by the 2nd respondent and directed the 3rd respondent to pay a sum

of Rs.9,76,000/- as compensation to the appellants.

7.Aggrieved over the award passed by the Tribunal, the appellants

filed the present appeal seeking for enhancement of compensation.

8.The learned counsel for the appellants submitted that the

quantum of compensation awarded by the Tribunal is meagre and hence

prayed for enhancement on the ground that the calculation made by the

Tribunal is not in accordance with law and prayed for allowing the

appeal.

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C.M.A.No.1700 of 2023

9.The learned counsel for the appellants submitted that the

respondents 1 and 2 remained ex-parte before the Tribunal and therefore,

he requested this Court to dispense with notice to the respondents 1 and 2

and he had also made an endorsement to that effect. Hence, notice to the

respondents 1 and 2 is dispensed with.

10.The learned counsel for the 3rd respondent per contra submitted

that the award of the compensation is in fact excessive and there is no

reason to interfere with the said award and prayed for dismissal of the

appeal.

11.The only question involved in the instant appeal is whether the

compensation awarded by the Tribunal is just and reasonable?

12.On perusal of the records, it is seen that the deceased was minor

aged about 16 years. It is the case of the appellant that the deceased was

a bright student studying in 11th std. Considering the said fact, this Court

is of the view that the annual income of the deceased can be fixed as

Rs.60,000/-. The multiplier applicable is 15. Hence, the compensation https://www.mhc.tn.gov.in/judis

C.M.A.No.1700 of 2023

under the head loss of income has to be Rs.9,00,000/-. The amount

awarded by the Tribunal towards funeral expenses is on the higher side

and the same is reduced to Rs.15,000/-. The transportation charges at

Rs.20,000/- awarded by the Tribunal is confirmed. Likewise a sum of

Rs.80,000/- awarded towards loss of consortium is also confirmed. The

amount awarded by the Tribunal towards mental agony is set aside as it is

unwarranted in the circumstances. Thus, the compensation awarded by

the Tribunal is modified as follows:

                        S.         Description         Amount           Amount             Award
                        No                            awarded by      awarded by        confirmed or
                                                       Tribunal        this Court       enhanced or
                                                         (Rs)             (Rs)            granted
                        1.         Loss of Income          7,56,000       9,00,000       Enhanced
                        2.         Transportation            20,000        20,000        Confirmed
                        3.         Funeral Expenses          20,000        15,000         Reduced
                        4.         Mental Agony            1,00,000                 -    Set Aside
                        5.         Loss of                   80,000        80,000        Confirmed
                                   consortium
                                   Total                   9,76,000      10,15,000      Enhanced by
                                                                                        Rs.39,000/-

13.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

Rs.9,76,000/- is hereby enhanced to Rs.10,15,000/- together with interest

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C.M.A.No.1700 of 2023

at 7.5% per annum (excluding the default period, if any) from the date of

petition till the date of deposit. The 3rd respondent/Insurance Company is

directed to deposit the award amount now determined by this Court along

with interest and costs, less the amount already deposited, if any, within a

period of six (6) weeks from the date of a receipt of copy of this

Judgment. On such deposit the appellants are entitled to withdraw their

respective shares as per the apportionment fixed by the Tribunal, along